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Exposing the Myths, Exploring the Solutions Ann Cavoukian, Ph.D. Information & Privacy Commissioner/Ontario Privacy & Security: Seeking the Middle Path 5 th Annual Privacy & Security Workshop October 28-29, 2004 University of Toronto Government Surveillance

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exposing the myths exploring the solutions

Exposing the Myths, Exploring the Solutions

Ann Cavoukian, Ph.D.

Information & Privacy Commissioner/Ontario

Privacy & Security: Seeking the Middle Path

5th Annual Privacy & Security Workshop

October 28-29, 2004

University of Toronto

government surveillance
Government Surveillance

“People will not trust government if there is excessive secrecy. And they will get increasingly anxious about a 'surveillance society' if they cannot be confident that information about their private lives is being handled properly.”

Richard Thomas,

UK Information Commissioner

January 2003


“”No-fly” lists

Be prepared not to know

where are we now u s
Where are we now: U.S.
  • Biometrics in travel documents now a given
    • Enhanced Border Security & Visa Entry Reform Act
    • International Civil Aviation Organization (ICAO) adopted a three pronged approach for travel documents: Facial recognition (the global base), fingerprint & iris scans
    • U.S. VISIT Program requires countries to have biometrics to remain in Visa Waiver program
where are we now u s part ii
Where are we now: U.S. part II
  • CAPPSII dead
    • Reasons cited: lack of airline data for testing, law suits against airlines, privacy concerns, failure to address 7 out of 8 Congressional requirements
  • Secure Flight new screening tool
    • Government, not airlines, to compare passengers to no-fly and watch lists
    • TSA assures reduction of false positives (current 15% pull-overs to drop to 5% of passengers)
    • 30 day test began in September of Secure Flight
secure flight
Secure Flight
  • Redress process to be instituted, Senator Edward Kennedy had to call DHS Secretary Tom Ridge to clear his name
  • Multi-stage process ending in review by DHS Chief Privacy Officer: Nuala Kelly O’Connor
  • New level of transparency, with crucial documents for public view
  • Senate has required DHS to report on privacy impact of this action
where are we now canada
Where are we Now: Canada
  • CANPASS-Air uses iris scanning for identity check
  • RCMP working with ISO to ensure fingerprint biometric interoperability
  • Gov’t compiling no-fly lists to be used by airline agents for domestic flights, to notify Transport Canada of ‘immediate threats’
  • No redress policy appears to be available
are we losing balance
Are we losing Balance?

“Public safety is paramount but

balanced against privacy”

  • Security measures must be real, not illusory
  • New powers must be studied and measured to determine effectiveness and utility
  • Are new security powers truly necessary or are existing ones not fully utilized or effectively deployed?



anti terrorism laws why be concerned
Anti-Terrorism Laws– Why be Concerned?
  • General Issues:
    • Expanded scope of domestic surveillance
    • Lack of justification
    • Weakening Judicial Controls
    • Lack of Oversight
steps revisted
STEPS: Revisted
  • Terrorist attacks 9/11
  • Government concerns over public safety
  • Patriot and anti-terrorist legislation
  • Polarized debate for Security/Privacy
  • Resurgence of Privacy concerns by public
still need a shift in paradigms
Still Need a Shift in Paradigms
  • The Old Paradigm: Zero Sum Game
  • The New Paradigm:

Security + Privacy = Democracy

  • Privacy and Security are both necessary components: both are essential to freedom and liberty
the challenge for privacy experts
The Challenge forPrivacy Experts
  • Expand the discourse: Privacy and Security are not polar opposites
  • Engage government and industry in demonstration projects to promote STEPs
  • http://www.ipc.on.ca/docs/steps.pdf
the challenge for solution developers
The Challenge for Solution Developers
  • Introduce privacy into the concept, design and implementation of technology solutions
  • Recognize and promote existing STEP solutions:
    • 3-D Holographic Scanner: respecting physical privacy while enhancing security
    • Biometric encryption
the challenge for governments
The Challenge for Governments
  • Develop the privacy requirements for technology:
    • Use the 3-D Holographic Scanner Paradigm for IT design requirements.
    • Avoid equating security with privacy.
    • Put the ‘ terrorist attack fear factor’ in context of other threats to citizens.
the discussion today
The Discussion Today
  • How is privacy fairing in the national security arena?
  • What are the issues we face?
  • What is the road ahead?
  • What can we do?
how to contact us

How to Contact Us

Ann Cavoukian, Ph.D.

Information & Privacy Commissioner/Ontario

2 Bloor Street West, Suite 1400

Toronto, Ontario M4W 1A8

Phone:(416) 326-3333